I AM WITH YOU ALWAYS

by Michael Davies

a. The Power of
Order

The power or order (holy orders) makes possible the communication of divine
life through the sacraments, particularly the Sacrifice of the Mass. It is
conferred upon the sacred hierarchy, especially on the bishops, by the Sacrament
of Holy Order. Since this power has for its main object the sanctification of
men's souls through divine worship and the administration of the sacraments, it
comprises what is generally known as "the care of souls". This power can never
be extinguished in the Church. There will always be bishops who can ordain
successors so that the faithful will not be deprived of the sacraments.
Furthermore, because the sanctification of the faithful is an essential function
of the Church's divine constitution, she will never cease to offer her members
the means of holiness through valid sacraments, and above all through the Holy
Sacrifice of the Mass. The great Jesuit theologian, Francisco de Suarez
(1548-1617), added four additional proofs of the divine nature of the Church to
the traditional marks of Unity, Holiness, Apostolicity, and Catholicity. Among
them was "the lawful use of the sacraments which must always be found in the
true Church, at least in what concerns their substance and in what is necessary
to accomplish the divine precepts. The lawful use of the sacraments pertains
only to the true Church and they are preserved by her alone in their integrity,
whereas heretics usurp them unjustly and mutilate them at their
will.

The supreme authority in the Church, the Roman Pontiff, utilising his
ordinary and universal magisterium, could never command, approve, or authorize
as an universal law any liturgical rite or custom that was contrary to sound
doctrine, could invalidate the sacrament, or be harmful to the faithful. The
reason for this is made very clear by Professor J.P.M. van der Ploeg in his book
I Believe: "They (the sacraments) are the instruments given to the Church
to sanctify her members. Each human institution must have means at its disposal
to enable it to fulfil its purpose. The Church has been founded by Christ to
lead us to eternal life, and the sacraments are her means to that end." The
Reverend Professor E. Dublanchy, SM, deals with the same question in his
authoritative article "The Church" in the Dictionnaire de Théologie
Catholique:

The Ordinary and Universal Magisterium can also be exercised by the
implicit teaching evidently contained (manifestement contenu), as we
have already shown, in the discipline and in the general practice of the
Church, at least in all that is truly commanded, approved, or
authorized by the universal Church (du moins en ce qui est vraiment
commandé, approuvé ou autorisé par l'Eglise universelle); for in this
teaching , from the time that it truly exists, the Church is no less
infallible than it is in the solemn definitions of its councils (L'Eglise
n'est pas moins infaillible que dans les définitions solennelles de ses
conciles) (My emphasis).

He continues:

The infallibility of the Church must extend equally to all dogmatic or
moral teaching included, in fact, in what is commanded, approved or authorized
by the general discipline of the Church, when that discipline pertains to a
positive law for the universal Church; such as the lawfulness of the cult of
the saints, to the extent that it is commanded or permitted, the lawfulness
and excellence of religious orders approved by the Church, the divine
institution and supernatural efficacy of the sacraments whose administration
is regulated by the liturgy of the Church, the divine efficacy of the
Sacrifice of the Mass, in that it conforms to the liturgy approved by the laws
or customs sanctioned by the Church, and many other teachings derived from the
liturgical practices of the universal Church.

Cardinal Journet insists that prudential precepts ordained for the general
good of the Church are radically and fundamentally infallible:

It follows that they can never prescribe anything immoral or pernicious,
anything that sins against the evangelical or the natural law. Since the
Church is assisted in the task of leading men to the eternal life, she will
not mislead them by erring either about what has to be believed or about what
has to be done: if, for example, the Gospel had contained a commandment to
communicate always under two kinds, she would never have been able to ordain
communion under one; and similarly, she cannot enjoin on her children any acts
that clash with the natural law, anything that partakes for example of
idolatry, lying or injustice. Theologians are here unanimous.

Cardinal Journet differentiates between the infallible protection given to
general or universal laws, guaranteeing that what they command can contain
nothing intrinsically harmful for the faithful, and their prudence: "However, it
does not necessarily follow that precepts of a general application will always
be the most prudent possible." The Pope has the authority to reimpose communion
under both kinds upon the Latin Church. It was once the general custom and there
is clearly nothing intrinsically wrong with the practice which is the still the
norm for the Catholic Eastern rites, but it could be deemed imprudent to impose
Communion under both kinds as the norm in the Latin Rite as it might appear to
concede that Protestants were justified in attacking Communion under one kind as
contrary to a precept of Our Lord.

When Cardinal Journet mentions the unanimous teaching of theologians he is
referring to the consensus of the teaching of what are known as approved
authors. This consensus constitutes one of the fundamental sources upon which
theological science is based,the
theological sources (loci theologici or loci communes). * When
we

* The number of theological sources is
a matter upon which theologians are not unanimous, but the following are
generally agreed: (a) Creeds or symbols of faith generally received; (b)
dogmatic definitions of the Popes or ecumenical councils, and of particular
councils solemnly ratified; (c) the undoubtedly clear and constant teaching of
the Apostolate, especially the public and permanent tradition of the Roman
Church; (e) universal practice, especially in liturgical matters, where it
clearly supposes and professes a truth as undoubtedly revealed; (f) the teaching
of the Fathers when manifest and universal; (g) the teaching of theologians when
manifest and universal.

speak of an approved author we mean one who is held in general esteem on
account of his learning and the Catholic spirit of his teaching. Some approved
authors are of acknowledged weight, while others are of only minor importance.
When the consensus of approved and weighty theologians (auctores probati et
graves) agrees that a doctrine is sufficiently certain and demonstrated this
is sufficient to show that the doctrine belongs to the mind of the Church
(Catholicus intellectus), and that consequently its denial would incur
the censure of rashness. Although the assistance of the Holy Ghost is not
directly promised to theologians, nevertheless the assistance promised to the
Church requires that He should prevent them as a body from falling into
error.

It can be argued that the doctrine of the infallibility of the Pope in
universal disciplinary laws, as explained by the approved authors, does not come
into the category of de fide teaching, and that theologians may lawfully
discuss the limits of the principle. While Dublanchy refers to what is
commanded, approved, or authorized, other approved authors appear to refer only
to what is commanded, but this does not necessarily mean that they exclude what
is approved or authorized for universal use from receiving infallible
assistance. Some citations from the teaching of the approved authors now follow.

The Infallibility of the Church in Her Universal Disciplinary Laws

It is the unanimous opinion of theologians of repute (approved authors) that
the Church is infallible in her discipline and general practice (including the
liturgy), at least in all that is truly commanded by the universal Church. They
are equally unanimous in agreeing that in particular laws not destined for the
universal Church there can be error. The infallibility of universal disciplinary
is taught by Tanquery, Pesch, and Hervé.

Canon J.M. Hervé explains the unanimous view of the approved authors as
follows:

By disciplinary matters we mean the laws of the Church by which man is
ruled and guided so as properly to worship God and to lead a good and
Christian life (leges ecclesiasticas, quibus homo, ad Deum rite colendum et
ad vitam christianam bene instituendam, dirigitur et ordinatur). We
contend however that only the laws issued for the universal Church (pro
universa Ecclesia) belong to the infallible Magisterium for the reason
that they could contain nothing that is ever contrary to the true faith or
good morals (eo quidem sensu quod nil unquam veræ fidei aut bonis moribus
oppositum continere possint).

Declaration:

The Church is infallible in her universal disciplinary decrees.
(Theologically certain.)

This thesis is put forward against the Iconoclasts, the Pseudo-Reformers,
especially the Calvinists, the Modernists, the Rationalists and all those who
impugn the worship and the laws of the Church.

Proof:

1. According to the nature and purpose of the Church, for if the Church by
its supreme authority were to teach all the faithful something contrary to
faith and good morals, she would err in her practice and by that very fact
would fall away from the true faith; she would cease to be holy and would turn
men away from salvation, teaching them a false road, and would cease to be the
true Church (nimirum vera Christi Ecclesia esse desineret) of Christ
and would be found to be constituted under the power of the devil....

Furthermore, Christ promised beyond question that whatever the Church bound
upon earth would be bound in heaven (Matt 16: 19; 18:18). Nothing could be
ratified by God that was contrary to divine law, howsoever it were prescribed
(Atqui nihil a Deo ratihaberi posset, quod contra jus divinum, quocumque
modo præscriptum fuisset).

Two of the sources cited by Hervé are the 22nd Session of the Council of
Trent (1562), Canon 7, and the Bull Auctorem Fidei of Pope Pius VI
(1794). Canon 7 reads:

If anyone saith that the ceremonies. vestments and outward signs which the
Catholic Church makes use of in the celebration of Masses are incentives to
impiety, rather than offices of piety; let him be anathema.

Auctorem Fidei condemned 85 articles of the Jansenist Synod of Pistoia
(1786). The 78th condemned proposition was the assertion that the Church could
impose harmful disciplinary laws (the category into which the liturgy comes).
The Synod was condemned for presuming to subject to examination "the discipline
constituted and approved by the Church" (disciplinam ab Ecclesia constitutam
et probatam). It continued:

As if the Church, which is guided by the Spirit of God (quae Spiritu
Dei regitur) could establish a discipline which is not only useless and
more onerous than Christian liberty can bear (inutilem et onerosiorem quam
libertas christiana patiatur), but also dangerous and harmful
(periculosam, noxiam), tending to lead to superstition and materialism.
This proposition is false, rash, scandalous, pernicious, offensive to pious
ears, harmful to the Church and to the spirit of God by which it is guided,
and at least erroneous (ad minus erronea).

Both these condemnations would apply to anyone maintaining that the 1970
Latin Missal is evil or harmful to souls.

The Consensus of Approved Authors

The consensus of approved authors is that in order to be
infallible:

1. The general law must be a positive law mandated for the universal Church,
or a custom approved and adopted for the universal Church.

2. Within this context the Roman rite must be considered as equivalent to
universal as it includes the overwhelming majority of Catholics throughout the
world, and is proper to the Holy See itself.

3. The scope of these laws includes everything which in the precepts,
decisions and sanctions of the Roman Pontiff contribute visibly to forming the
Christian life of the faithful. They include the divine efficacy of the Mass and
the sacraments to the extent that they derive from a liturgy approved by the
laws and customs of the Church. Official worship must conform to
faith.

4. Indefectibility applies only to matters of faith and morals. Therefore the
accounts of the lives of the saints in the breviary are not guaranteed to be
historically accurate, all that is guaranteed is that these accounts contain
nothing contrary to faith or morals. Indefectibility does not guarantee that the
new law will be the most perfect possible, or even opportune or appropriate, but
only that it will be free from all error implicit or explicit in matters of
faith or morals, and consequently cannot harm the spiritual life of the faithful
by their observing what the law prescribes. The canonists Wernz-Widal explain:
"The Pontiffs are infallible in the elaboration of universal laws concerning the
ecclesiastical discipline, such that these can never establish anything that
might be contrary to faith and morals even if they do not attain the supreme
degree of prudence."